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N. L. R. B. v. E.D.S. SERVICE CORPORATION

No. 71-2386.

466 F.2d 157 (1972)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. E.D.S. SERVICE CORPORATION, Respondent.

United States Court of Appeals, Ninth Circuit.

September 5, 1972.

Attorney(s) appearing for the Case

Roger C. Hartley, Atty. (argued), Elliot Moore, Atty., Marcel Mallet-Prevost, Asst. Gen. Counsel, Peter G. Nash, Gen. Counsel, N.L.R.B., Washington, D. C.; Roy O. Hoffman, Director, Region 20 N.L.R.B., San Francisco, Cal., for petitioner.

Robert V. Magor (argued), of Severson, Werson, Berke & Melchior, San Francisco, Cal., for respondent.

Before HUFSTEDLER, LUMBARD and CHOY, Circuit Judges.

PER CURIAM:

There is substantial evidence in the record, on this application by the Board for enforcement of its order against respondent company, to support the Board's finding that respondent in discharging its employee, Myrtle T. Coker, discriminately applied its no-solicitation rule in violation of section 8(a)(1) and (3) National Labor Relations Act.

The rule which prohibited solicitation of employees on company premises was more honored in its breach...

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